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VOLUME 19 ISSN 2456-9704 ______A SOCIO LEGAL STUDY OF our vision for women and moratorium to treat MARRIED MUSLIM WOMEN IN women as an object, it was prophet CONTEMPORARY INDIA mohammad who brought an absolute change in the position of women but now we all need By Pragati Verma to stand by women and raise our voice for From Fairfield Institute of Management and their concern. Technology INTRODUCTION Marriage formed by the wedding customs ABSTRACT and rituals prevailing in the Muslim word, A annexure after which a man and woman though Islamic marriage depends upon the officially became each other’s life partner in regulations of government and the origin of the eyes of law and community people and country. Quran specified both Muslim men support each other within the restrictions of and women as the set of cloth, guiding the what has been laid down for duet in the terms concept that a married Muslim couple are like of rights and obligation. The contract of garments, who complete and protect each Islamic marriage which has a veritable other, “show and conceal” the body of human meaning of the work Nikah is the physical being. Creation of marriage in United Arab kinship amid man and woman, which makes Emirates begins to happen since a week the relationship legitimate. Nikah is an before, which includes the wedding date and Arabic term used for marriage, meant preparation. Wedding events start to happen discrete forms of sex relationship between a with groom and bride and nights dazzling man and a women instituted on certain affair. with singing and dancing. Whereas in the This paper decodes that how women were United States of America, Muslims come demeaned as chattels, and were not given any from many background, which involve the privilege of inheritance and were thoroughly Muslim communities from South Asia, Arab dependent. First, I exhort you about how countries and recently the largest segment consuetude of marriage executed from from East Africa. pristine period and how the mechanisms transform for execution of marriage in The rituals and customs are heavily influence Muslim community. This paper assist you to for commemoration of Muslim wedding; understand the detailed iteration and struggle Nikah will be the central events in all faced by the married Muslim women in the American- Muslim wedding. The wedding is contemporary India, radix of Muslim superintended and oversees by Muslim marriage and grounds of dissolution of cleric, an Imam. Albeit, the Muslim wedding marriage. The prime purpose of me to do can be done anywhere in mosque, either in research and compose on this subject is that bride’s home or reception hall. As stated by now regime has aroused on this significant the survey of North American Muslim that and sedate matter and made umpteenth law to the merger of two or more countries, for seek grievances of women and to bestow instance, the two most popular colors of them justice from erroneous behavior of laity. wedding dress is specified as red and white. After wrote this paper I got to cognize that Muslim wedding ceremony in China it’s a wakeup call now that we need to change followed norms and customs practices in the

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VOLUME 19 ISSN 2456-9704 ______20th century, for instance wearing western also a devotional act i.e. ibadat. The Prophet clothing such as white wedding dress, is reported to have said that marriage is however china religion rituals are used by obligatory (wajib) for every physical fit Chinese Muslim marriage. Sultan and Muslim, that marriage is equal to jehad (holy Mughal were the gospeller of the Islamic war) and that he who marries completes half religion, who handed Islamic tradition to the his religion, while the other half is completed medieval Indians. The compage is the similar by leading a virtuous life. Other schools of to the Middle- Eastern Nikah; Muslims who thought prescribe that the man must also have belongs to Indian country generally obey the means to earn a lawful livelihood, to pay those customs which are practiced by Mahr and to support wife and children. Muslims of the Middle East, based on Islamic 2 Mahr means the money and the property convention. The rituals followed by Indian which the wife is entitled to receive from the Islamic wedding ceremony is by proceeded husband in consideration of the marriage but by sending groom’s baraat to the decided this consideration is not the same as that of place of execution of marriage and share a the civil contract. sherbet drink with the brother of his bride. 3 History of the evolution of Muslim The wedding ceremony known as Nikah, Personal Law in India. The journal of which is performed by the Maulvi and a priest Dharma: Dharmaram Jornal of Religious and called Qazi, this contract of marriage is Philosophies: Retieved 1 December 2017. known as Nikaahnama, which is signed by 4 By Prophet Mohammad. couple and by the walises and maulvi. The bride brought to the premises of her husband, HISTORY where she is greeting by her mother-in- law PRE SARIAT SENERIO by holding Quran over her head. The The Muslim Personal Law ( shariat) wedding reception organizes by the groom’s Application Act was passed in 1937 with the family, which is known as the Valimah or aim to formulate an Islamic law code for Dawat-e-walima. Indian Muslim. There were no evidence records administration of Muslim personal Muslim marriage in India, all the Muslim law until 1206 on the Indian peninsula; even people live in India are governed by the Muslim invasion took place during this Muslim Personal law (shariat) Application period. In the period of region of slave Act, 19371. Muslim Personal Law basically dynasty (1206- 1290 A.D), Khalji dynasty( deals in the context of marriage, inheritance 1290- 1321), the Tughlaq dynasty (1321- and charities among Muslims. 1413), the (1451-1526) and the Sur dynasty( 1539- 1555), the court of 1 Rooychowdhary, Arija ( 4 may 2016) , shariat, assisted by the Mufti, dealt with cases retrieved 1December 2017 involving personal law among Muslims. In Muslim marriage in India is a civil contract the period of sher shah’s regime, there were between a woman and a man to live as restrictions on the powers of the court and the husband and wife and follow all the essentials modification in Muslim law was done which of marriage contract. , or suit the requirements of the time. During the Nikah, is not a sacrament ( as in Hinduism), regime of Mughal kings and Muslim marriage act in Indian constitution is , at that time the earlier laws were followed,

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VOLUME 19 ISSN 2456-9704 ______and the ulemas( religious scholars) had AFTER SARIAT SENERIO considerable influence on legal decisions. The achievement of India’s independence During the period of ’s regime, the from the British was meant to bring about powers of ulemas were reduced and shattered significant change in the regular life of the Indians. Dominance of the orthodox sunni school but Earlier under British rule, Indian society was in the period of Jehangir’s regime, cutting of known by the social collectives, caste and nose and ears and death penalty could not be religious identity, with a lack of focus on impose without the Emperor’s permission. citizenship and the individual6. The political The accomplishment of code of law was and law relationship India was indeed orders by Aurangzeb3.During the period of determined by these social measures; the East India Company, Muslim law was fundamental Rights Constitution was passed enforced except when Muslims left the and intended to reverse the concept that an disputes to be determined according to Hindu individual could be limited based upon caste, saastras. The regulation 11 of 1772 by sec. 27 religion, economic status etc. Although the enacted that new standards laid out in the constitution have not religious are still determinants of “IN ALL SUITS REGARDING political influence and access to resources. INHERITANCE, SUCCESSION, In 1937 the shariat application Act was MARRIAGE AND CASTE AND OTHER enacted by the British government in India RELIGIOUS USAGES OR INSTITUTION, and after India became independence from THE LAWS OF THE QURAN WITH British, the shariat Act (Muslim personal RESPECT OF MOHAMEDAN AND Law) was maintained in Indian society. The THOSE OF THE SHASTRAS WITH law was originally introduced as a matter of RESPECT TO GENTOOS (HINDUS) policy by the British government, but upon SHALL BE INVARIABLY ADHERED independence Muslim personal Law became TO”4 significant to Muslim identify and religion. The primary aspect of religion has created The Privy Council recognized the right of controversy across both Muslim shia Muslims to their own law. communities and Hindu political In 1937, the shariat act was passed by British organization. Raj which was followed in India in matters marriage, divorce and succession among SOURCES OF MUSLIM LAW Muslims5. Muslim law lie on the prohibitory order of Quran, of the conventions introduce by the 5 All the Muslims in India are governed by usage of prophet(sunna), of the generic the Muslim Law ( Shariat Application Act, consideration of the jurists(Ijma). Later, it 1937). This law deals with the marriage, has been satiate by the juristic succession, inheritance, charities among preference(Istihsan), independent Muslims. interpretation(Iltihad) and precedent( 6 Personal law and citizenship in India’s Taqlid). Sources of Muslim law align into transition to independence. two categories that is primary and secondary sources. Primary source re those on which

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VOLUME 19 ISSN 2456-9704 ______Muslim law relied upon, which comprise; Quran, Sunnat, Ijma,Qiyas. However the DISSOLUTION OF MUSLIM MARRIAGE traditional source of Muslim law are Sunnat ACT, 1939. and Ahadis. On the other hand there is also a secondary source of Muslim law, which is The Shariat Act, 1937 concerns Muslim not the main modality of Muslim law but is a women seeking divorce in Section 5. This supplementary source, which includes; Urf or section was subsequently deleted and Custom, Legislation, Judicial decision, replaced by dissolution of Muslim Marriage Equity, justice and good conscience. Act, 1939. A Muslim woman can go in court to seek divorce9,10. This Act came to protect MUSLIM MARRIAGE IN INDIA the rights of Muslim women who have been MUSLIM PERSONAL LAW divorced by their husband, and also deal with In India Muslim Personal Law applies for the circumstances in which a married Muslim marriage in Muslim. Muslim Personal woman can divorce from their husband and Law(shariat) Application Act, 1937 governed to provide for related matters. in India for all the Muslims. This personal law deals with marriage, succession, 9 The concept of divorce under Muslim law inheritance and charities among Muslims. retrieved 10july 2018. The Muslim personal Law does not 10 Muslim women’s right for dissolution of applicable to Muslim who married under the marriage retrieved 10july 2018. Special Marriage Act,1954. These laws are not applicable in Goa state, where the Goa The following are the circumstances where a civil code is applicable for all the persons Muslim woman can ask for divorce. irrespective of religion7,8. SECTION-2 of Act, 1939 7 Registered marriage under special marriage ▪ When the husband has not been known for Act, 1954 arrived from the original on 24 four years. september 2010 ▪ When the husband has not provided for the 8 The special marriage Act, 1954 archived maintenance for two years. from the original on 24 September 2010. ▪ When the husband has been sentence for WIVES ALLOWED IN INDIA FOR imprisonment for seven years or more. MUSLIM MARRIAGE The current organization of Muslim Personal ▪ When the husband failed to fulfill or Law in place discrimination against women perform his marital obligations for three in the three different ways- years. 1. A Muslim man is allowed to marry up to ▪ When the husband was impotent at the time four wives at a time. of marriage and remains impotent. 2. He can give divorce to his wife without entering into any legal processes. ▪ When the husband treats his wife with 3. A Muslim man does not need to provide cruelty, even if absent physical violence. any financial support to his ex- wife after three months of Divorce.

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VOLUME 19 ISSN 2456-9704 ______▪ When the husband has been insane for two codification of Muslim Personal Law went years or is suffering from leprosy or virulent for codification in the last few years. Article venereal disease. 246 of the constitution of India and entry 5 of the concurrent list gives power to the ▪ In that case also when the wife has given by legislatures to pass law regulating personal her father or guardian before she attain the law. age of 15years. In the case of Mohd. Ahmed Khan v Shah ▪ When the husband associates with his wife Bano Begum11 and John Vallamattom v of evil repute or leads an infamous life or Union of India12, have come out from the attempts to force her to live an immoral life. requirement to bring in regard of gender just legal framework and not through the desire to ▪ When the husband disposes of her property preference to impose or force anything on or prevents her to exercise legal rights over it. different communities. There already exists a ▪ When the husband prevent her from judicial and legislative framework the reform religious profession or practice. of Muslim Personal Law.

▪ When the husband has more than one wife 11 1985 SCR (3) 844 and he does not treat her equitably in 12 AIR 2003 SC 2902 accordance with the Quran or carries out any other ground recognized as a valid ground for MUSLIM WOMEN (Protection of Rights on the dissolution of marriage under Muslim Marriage) Act, 2019 Law. In August 2019 the supreme court of India CODIFICATION OF MUSLIM enables Muslim men to give divorce their PERSONAL LAW wives by triple talaq, to be unconstitutional. The Parliament of India criminalizing triple Before independence, every state has talaq. The citation of this Bill is Bill no. 247of accepted and practice different sets of 2019, which was introduced by Ravi Shankar religious laws so in this according every Prasad (Ministry of law and Justice). communities has their personal and family Lok Sabha and Rajya Sabha reintroduced this matters and the court have always Bill, which was passed in July 2019.As a adjudicated family matters on this basis. The result Bill gained assent from President of personal law which is made for Muslim in India. The Act has retrospectively effective India has never been codified systematically from 19september 201813. and proper in comparison with the others 13 It replaces an ordinance promulgated on Personal Law. The Dissolution of Muslim February 21, 2019. Marriage act ,1939 consistently taken as the most explicit and the Indian government also PROVISIONS started intervention into Muslim personal This act provides: law, the nine grounds was only codified on • • If Muslim husband made any which a Muslim women can file a Divorce proclamation upon his wife from his words, against her husband but those are eventually either spoken or written, by any electronic neither beneficial for women nor they change the mentality in male to initiate divorce. The ______PIF 6.242 www.supremoamicus.org

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VOLUME 19 ISSN 2456-9704 ______means or any other form whatsoever, shall be period is of three menstrual cycles along with VOID AND ILLEGAL. the ‘mehr’, where the women i.e. the bride • • When Muslim husband announces will get the money which was promised to talaq upon his wife shall be punishable with give at time of marriage. This was the only to three years imprisonment and shall also be get the maintenance which is legally liable for fine. The punishment of this enforceable by law to the married Muslim offence under this shall be cognizable. But woman from her husband. In Indian law, it when the talaq is pronounced upon women provides maintenance for life, barring some with Magistrate’s permission, to determine exception14. such condition or situation an offence shall be 14 Issue was raised that whether the personal punishable under this Act as compoundable. laws the code of criminal procedure shall • • The Married Muslim women upon apply. whom talaq is pronounced shall be liable or entitle to get maintenance allowance for HELD IN THE CASE livelihood for her and dependent child and All the three levels of court in India i.e. shall also be entitled to custody of her minor district court, high court and the supreme child, which may be determined by the court passed their judgments, which was in Magistrate. favor of Ms shah Bano. Although the case • • An accused person can get a bail of should came in Muslim Personal Law this offence under this Act by the Magistrate, because the both plaintiff and the defendant when the married woman upon whom talaq is being Muslim, the judgment opposed by the announced, is satisfied with the grounds of AIMPLB, as they claimed that adjudication talaq and that person need to file an of personal law was beyond the jurisdiction application before Magistrate for ground of of the courts. This case has received many talaq which should be valid and reasonable to varied public posture. The government of get bail. India passed a legislation or an Act known as “The Muslim Women( Protection of Rights “ IS LEGALLY on Divorce)1986”, where a married Muslim PROHIBITED” wife will get the maintenance by her husband CASE LAWS under this Act. Also under this Act the ➢ MOHD. AHMED KHAN vs SHAH Muslim women is entitled to a ‘ Fair and Just’ BANO BEGUN AND ors 1985 SCR (3) 844 amount of money during the period of ‘iddat’, beyond which the husband was to FACTS OF THE CASE A Muslim woman have no liability. Shah Bano begun upon whom Triple Talaq is announced by her Mohd. Ahmed Khan on the ➢ AHMEDABAD WOMEN ACTION ground of maintenance, Ms Bano claimed for GROUP(AWAG) v. UNION OF maintenance under the Code of Criminal INDIA(AIR (1997)3SCC573 Procedure, in place of Personal Law. According to the personal law of Islam state, FACTS OF THE CASE it is stated that a woman may be personal law According to Muslim Law, Muslim men is of Islam state, it is stated that a woman may allow to have four wives or to do four get maintenance during ‘iddat’ period. Iddat marriage with the right of Divorce under the

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VOLUME 19 ISSN 2456-9704 ______concept of Talaq, in which the husband has ➢ DANIAL LATIFI AND ANOTHER v. the authority to give to her wife without her UNION OF INDIA(2001) 7 SCC 740 consent and without using any judicial method. The PIL filled regarding this case FACTS OF THE CASE which is considering the following five major The landmark judgment passed in Shah issues, they are- Bano’s case has created confusion in the Muslim Personal Law, where it is said that a • • To state Muslim Personal Law divorced woman is entitle to reasonable and which allows polygamy as void as violating fair provisions and maintenance within the Articles 14and 15 of the constitution. period of ‘iddat’, in accordance with the • • To state Muslim Personal Law this Section 3(1) of Muslim women (Protection of prohibits a Muslim Men to give Talaq to her Rights on Divorce) Act 1986. But this Act wife, without her assent and without resort was challenged by the council i.e. Danial judicial process of court. As void and Latifi and claiming that it was violating Article 13, 14 and 15 of the unconstitutional and is violating Article 14 constitution. and 2115. • • To state that a Muslim husband takes more than one wife is an Act of cruelty 15 Issue was raised provisions enacted which within the statement of Clause VIII. was section 3 of the Act as unconstitutional • • State Section 2 Dissolution of and violates Section 14 and 21 of the Muslim marriage Act, 1939. constitution. • • To state that Muslim women 16 Issued was raised was whether this (protection of Right on Divorce Act), 1986 is practice of triple Talaq is unconstitutional void as it violating Article 14 and Article 15. because it violates Article 14, 19, 21 of the • • Further proclaim that the provisions constitutional. of Sunni and Shia Laws of inheritance which states discrimination of share in the same HELD IN THE CASE status between the males and females void as The Petitioner in this case, said in his discriminating against females only on the arguments that the Act i.e. Muslim women ground of sex. Act, 1986, is unconstitutional and undermine the secular character, which is the basic HELD IN THE CASE feature of constitution because there is no On the basis of the above arguments the court reason of bereave the Muslim women on the was of opinion all the citizens of India or applicability of Section 125 of the code of Indians have been governed by respective criminal procedure and present act is in Personal Law, regardless of the time period. violation of Article 14 and 21. There was an argument or opinion that the The Respondent said in his contention that effect of interference by the court would be Personal Law is a legitimate basis for come in several undesirable outcomes discrimination and is not violating Article 14 because the adjudication of personal laws of the constitution. Thereby the court held was beyond the jurisdiction of the court. that this Act neither violating Article 14 and Therefore, the petition was dismissed 21 of the Indian constitution, nor make any discrimination.

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VOLUME 19 ISSN 2456-9704 ______➢ SHAYARA BANO v. UNION OF INDIA Issues Rose: regardless if the dower was paid AND OTHERS ( Based on triple Talaq case) then can the court order the husband to pay maintenance to wife17,18. This case was heard by the supreme court of 17 issued was raised was whether the court India with a constitutional Bench of 5- judge. can order the husband to pay maintenance to This case was challenged the very the wife when the dower has been paid. ‘immediate triple Talaq’ although this case 18 Another case related to it was Sarla hasn’t receive any judgment16. Mudgal vs Union of India. The PIL was filled by the Ms Shayara Bano 19 Naim, C.N. "The Hijab and I". Outlook which was based on the immoral and unfair the Website. Outlook Publishing (India) Pvt. practice and enlightens a hope for millions of Ltd. Archived from the original on September women who were a victim of commercial 2004. Retrieved 30 January 2018 riots. This PIL determined the need of change for struggling women and enhance the scope HELD IN THE CASE of subject matter related to support and It was stated by the apex court that the provide opportunities for women. husband shall be liable to pay the Shayara Bano, petitioner of this case, was maintenance for the two sons, were born repeatedly abused by her husband and from the marriage, hence order the husband eventually divorced through Triple Talaq. As to pay maintenance so that the wife who is in India is secular country, the supreme court of custody of the children can maintain the India has chosen to acknowledge the needs children. and rights of those who truly deserve it. India is second largest country who consists more SOCIAL CHALLENGES ON MARRIED number of Muslims. Verdict is yet to come. MUSLIM WOMAN DURIG MUGAL ERA the culture and ➢ SHAMIM ARA v. STATE OF U.P civilized of the Muslim was known or considered by the practice of purdah FACTS OF THE CASE combined with women19. Education of The appellant was filled for maintenance Mughal for Muslim women was limited to against husband, the appellant involving religious knowledge and based on the maintenance from her husband for herself discrimination between boys and girls, and two of her four children on ground that therefore the education is not relevant or her husband abandoned her and treated her adequate for girls becouse prior the education cruelly. For it the respondent claimed that of their began from Makatab/ pri mary school dower has already been paid and the husband and then Madrasas for more education. agreed to pay Rs. 150 per month for the Reason for discrimination was because of maintenance of minor child. Therefore, the being son’s preference in Indian male application for maintenance was dismissed dominated society not of following the and an appeal was filed before the Supreme Islamic ritual. All the rituals or religion and Court, which deals with the concept of education were take place in according with maintenance where the wife was divorced by Quran. Early marriage gives right to her husband and was also paid the dower. unilateral divorce and encourages retaining it. Marriage in Muslim law can be done by

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VOLUME 19 ISSN 2456-9704 ______oral or written but early oral marriage was so women started compare ourselves with males common than written without having witness and started talking about their rights also. or regard of witness. The term ‘Polygamy’ Hail argued for female education Mumtaz Ali was also very common and known in Muslim and his wife Muhamamdi Begum founded an marriage early, women in polygamous newspaper, which were known as Tazib- un- marriage had to live with the co-wives. niswan for took up the issue of female education, and also took up the issue related In 1211CE the sultan of Delhi, instead of his with women as female education, the age of son, he appoint his daughter Raziya Sultan of marriage, polygamy, a women’s role in Delhi, she was the only single woman who marriage and purdah. By 1937, the average appointed for royal seat of Delhi by highest rate of Muslim girl’s education through India and popular consent of most of the people. had surpassed the nation average. This reason was sufficient to make changes Changes of All kinds started coming in the in society and create a big and dynamic image society, both legally and socially. in their mind to change their perspective with rigid caste and culture and gender difference. JUDICIAL OR LEGISLATIVE CHANGES: After it several women in the royal Mughal Now it’s high time of a call for legal changes family took private education. From this in society and in state for women status. 20th many things were starting to change: after century has turned it into thinking of change Raziya, Baber’s daughter Gulbad an Begum, and awareness for women. Rights of women Author of Humayun Namah was the first started getting legal recognition, which were women to archive the culture and social not in accordance of Quran but by the Sharia realities of Mughal women, an elder daughter Act. In 1937, center legislation passed a of became a poet. Accordingly Sharia Act and many Acts came into women of royal Mughal family played a existence for welfare of women in every versatile role and were trained in both sector, such as Education, Marriage and horseman ship and social behavior and Professional, whose purpose was to get the protocol, later on, they started took part in women the facilities and protect them from every field which was defined for males only, their rights, special provisions for their rights such as politician and artists. and special property of female, adoption, marriage, divorce and maintenance after With the passage of time, the thinking of marriage and to secure their interest. Every people and new opportunities for women was legislation has an aim and objective is to also available. With this in the 19th century, recognize to needs of women rights and to it became an idea to think how women be give them freedom and to keep them as equal modernizes, grow and educated. But the rules as men so that no one can exploit them and to and thinking for women in Muslim religion give them equal status in society. remained the same. Teaching and advancing women was meaningless for those people GENDER DISPARITY within Islamic law. Daughters and wives of The society in which we live is male Royal Muslim family took step forward, dominated from the beginning and which helped other woman also go ahead and restrictions have been imposed on women they started getting freedom. All the many since God himself lived on the earth.

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VOLUME 19 ISSN 2456-9704 ______Discrimination from women has happened in government of Rajiv Gandhi, to invalidate every way such as bias between woman and the decision passed by the Supreme Court in man which has a live example Sati custom this case. In year later, in 1997, Ahmadabad and Dowry. It is not only that only Indian women action group (AWAG) v Union of woman had to suffer all these but Muslim India, void as discriminating against female women had to go through from this phase, only on the ground of sex, predominantly even these women had to kill their desires. void Sections 10 and 34 of the Indian Divorce They didn’t know their rights and only played Act and also declare void Sections 43 to 48 a role of puppets for the society. Later, ever of Indian Succession Act, simultaneously. since the daughter of the royal families did With the passage of time, government made not consider themselves separate from men, laws, In 1972, Muslim Personal Law board they began to advance in everything, they established, to deal with the marriage, believed that there isn’t any work which a succession, inheritance, and charities among women cannot do, this has became a matter Muslim community, then later, in the year of rust which was being fought in the society 1939, the Dissolution of marriage Act came and women were demanding equal rights for to provide the legal right to married Muslim them without assuming any discrimination women to obtain divorce from their husband such as caste, religion, race and gender. First and to provide for related matters, which this movement started in India and then every helped women to fight for themselves and to woman understands it and raised their voice raise their voice against injustice going with against it. After a lot of struggle, the society them, with the change in the society and in started to understand this matter. To change the buildup needs of women to accomplish, this custom, not only some people but all another Act came into existence in the year people need corporation. In this recent 2019. An act which prohibit male to century, in which we are living where pronouncing the Talaq to their wives until everything has been upgraded, the society they are not satisfy with reason the Talaq and should also change for women. We should all is also protect the rights of women after continuously put our efforts so that the divorce, men is entitled to provide society can change their thinking for women maintenance to the women after divorce, and treat them equal in everything. apart from Mahr. This act declared the practice of triple Talaq as void and impose SOCIAL REVOLUTION ON MARRIGE punishment on people who indulge in such MUSLIM WOMEN practice would be liable for imprisonment for This is a historic demand of change not up to 3 years20. because Muslim women have suddenly woken up but also it’s a high time to not let 20 Encyclopedia of Islam Online them to compromise with any subject. More than 30 years ago, in 1985, Mohd. Ahmed EFFECTS OF THE STEP TAKEN Khan vs. Shah Bano Begum, which NO LONGER SOLITARY emphasize on the protection of the rights of Presently, the range of Muslim women who the divorced Muslim Women and or to those have approached to the Supreme Court is the who have got divorced from their husband. evidence that no Muslim women will be left The enactment of this case was done by the alone to challenge Muslim Personal Law.

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VOLUME 19 ISSN 2456-9704 ______This is a reason of the ongoing historic fight. amount of money that would maintain her It is a bitter truth that Muslim women have through life. always been a victim of triple Talaq and polygamy, every one of the poor divorcees A REFORM GENERATION wafted to the court consistently with the A lot of changes came with the passage of reason that they are contending for time, a new generation Muslim women has maintenance under Section 125 of the come up, by emphasizing on the subjects of criminal procedure code21, and seeking from education and self- confidence, asserting the court to be abolished triple Talaq and Muslim identity by altering their religious polygamy. practice and norms or challenge their religious leaders. Earlier, they were not even 21 the purpose of the Section 125 of Crpc is allowed to pick up a Burqa from their face to maintenance to the dependent wife, and talk to each other, At present, Muslim children and parents from destitution. women came ahead to interact with media 22 Ahl- e Hadees, the people of hadith, the and share their consideration through media sole souces of religious authority and oppose to the male leaders and the state, forming everything introducing in Islam in regard of organization to protest against the injustice the Quran, sunnah, and hadith, after the done against them. At the moment, Muslim earlist times. women participate in every revolution to reform the procedure and the customs, for The records the courts revealing that women which they were struggling since so long. applied for divorce initially after the second marriage of husband and the discovery MATTERS OF FOCAL POINTS disclose that he has already married. ▪ Essentially we now required to reshape our In the year 1993, Ahle- Hadees sect issued a customs and thinking related to women. Fatwa stated that triple Talaq is a invalid form ▪ Now it’s the time to insert old laws which of divorce and must be recognize as the single should be updated by inserting them to the pronouncement of Talaq, hereby needs of today’s woman. revocable22. Since then women have contrary triple Talaq and polygamy whenever ▪ It is written in Quran that husband and wife a fatwa or a judgment has brought the issue are the supporter of each other, but it seems to the in front. like men have misunderstood that woman is In 2001, the constitution legality of the just a thing should be thrown away after use. Muslim women Act, 1986 was upheld by the Supreme Court, which had been defiance as ▪ Equal and fair chance should be given to every women in every without any partiality soon as it was passed, for depriving Muslim divorcees of rights available to other or doing unfair bias in related to any disparities. divorcees. The apex court interpret the meaning of the word ‘fair and reasonable ▪ Now it has become a great need that we provision and maintenance’ to be conferred should introduce women with their rights. to a Muslim divorcee within the three months of iddat period after divorce, meant an ▪ The Muslim women had made great efforts to identify themselves in their society, and

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VOLUME 19 ISSN 2456-9704 ______their struggle also contributed in the started modify their laws in gratifying the development of country. struggling women, and made some most effective Act, such as Muslim Personal law ▪ We should inform everyone about the rights in 1972 and then Muslim women (Protection of women in the society and also make them of Rights on Marriage) Act, 2019. aware about their marriage and after divorce The struggle of women shouldn’t go in vain, rights23,24. the revolution that women had raised; we

should light that with victory. Women were a 23 victim of a great manifestation of commercial https://www.epw.in/engage/article/muslim- riots. women-historic-demand-change This is a wakeup call for all of us that we all 24Both Shah Bano and Shehnaaz Shaikh was should now raise our voice in issues related alone fighter but now no women is alone. to minority rights, identity based violence

and Muslim women rights and do research on CONCLUSION this to make this an important and serious The problem with people is they afraid to subject. bring some changes in society. When it comes to bringing change for women, both BIBLIOGRAPHY society and law strike a silence, whether a I I. (Law et al., 2020)Law, M. P., Act, women belongs to Hindu Caste or Muslim A., Dissolution, T., Act, M. M., Code, G. C., Caste, both of them had to struggle a lot in Act, S. M., Shah, D. S., Akbar, D., & their life and also had to face many Jehangir, D. (2020). Muslim personal law in disparities. Let me tell you about the custom India. 1–6. that was started long ago and still continues i.e. the Pardah practice, in which a female II II. Win, D. D. (1986). Muslim Women require to conceal their body from others, it’s ( Protection of Rights on Divorce ) Act , 1986 a religious and social practice of female 1. 25, 1–5. seclusion prevalent among some Hindu and Muslim communities. Women were face III III. (Win, 1986)Law, M. P., Act, A., challenges everywhere in related to every Dissolution, T., Act, M. M., Code, G. C., Act, subject since beginning, they were facing S. M., Shah, D. S., Akbar, D., & Jehangir, D. triple pitfall simultaneously, first as a (2020). Muslim personal law in India. 1–6. minority, then as a woman, and became a helpless woman who find herself a grain ***** which is constantly being grinded between people who wanted them to obey their customs and perform their religious identity and with their desire of freedom. When it came to justice for women, the law had a black band on its eyes. Earlier, didn’t want to see the truth and not ready to accept the revolution for women because prior law ran and performed their functions in accordance of society. Later, at a very slow pace, the Law ______PIF 6.242 www.supremoamicus.org